RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00275
            INDEX CODE:  110.02

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:   4 JULY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He entered the Air Force at the age of 17, over 58 years ago.   He  believes
58 years is a fair punishment and appeals for an upgrade  on  the  basis  of
clemency.

In support of his request, applicant provided his personal statement.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 Apr 48, the applicant entered active duty in  the  Air  Force  in  the
grade of private, at the age of 17, for a period of three years.

On 8 Mar 49, applicant was notified to appear before a board of officers  to
determine his retention in the service.   The  board  of  officers  convened
based on the following:  (1) Applicant was absent without leave (AWOL)  from
7 Sep 48 to 18 Sep 48; (2) Applicant was AWOL from 4 Oct 48  to  6  Oct  48;
(3) Applicant was AWOL from 13 Oct 48 to 8 Nov  48;  (4)  Applicant  was  in
confinement from 8 Nov 48 to 10 Dec 48; (5) Applicant was AWOL  from  6  Jan
49 to 6 Jan 49; (6) Applicant was in confinement from 8 Feb 49  to    1  Mar
49.

Applicant acknowledged receipt of the notification and did not desire  legal
counsel or witnesses.  On 11 Mar 49,  the  board  of  officers  convened  to
determine if applicant should be discharged from the service.  The board  of
officers recommended applicant be discharged with an undesirable  discharge.
 The discharge authority approved the separation and directed the  applicant
be discharged with an undesirable discharge.

On 8 Apr 49, applicant was discharged with an undesirable  discharge,  under
the provisions of AR 615-368, (habits and traits undesirable  for  retention
in the service).  He served on active duty for a period of 11 months  and  8
days.

On 22 Nov 57, applicant submitted an application to the Air Force  Discharge
Review Board (AFDRB) requesting his undesirable discharge be upgraded to  an
honorable discharge.  After review of the  evidence  of  record,  the  AFDRB
concluded that a change in the type or nature of applicant’s  discharge  was
not warranted.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated  on  13  Feb  07,  that,  on  the  basis  of  data
furnished, they are unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied,  and  states,  in  part,
based on the documentation on file in  the  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.

The applicant did  not  submit  any  evidence  or  identify  any  errors  or
injustices that occurred in the  discharge  processing.   Additionally,  the
applicant  provided  no  facts  warranting  a  change  to  his   undesirable
discharge.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 Feb 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  error  or  injustice.   We  find  no   impropriety   in   the
characterization of applicant's  discharge.   It  appears  that  responsible
officials applied appropriate standards in effecting the separation, and  we
do not find persuasive evidence that pertinent regulations were violated  or
that applicant was not afforded all the rights  to  which  entitled  at  the
time of discharge.  We conclude, therefore, that the  discharge  proceedings
were proper and characterization of the discharge  was  appropriate  to  the
existing  circumstances.  It  appears  the  applicant  is   requesting   his
discharge be upgraded based on the clemency consideration  of  a  successful
post-service  adjustment.   Although  the  applicant   has   provided   some
information concerning post-service activities,  we  find  this  information
insufficient to warrant approval  on  the  basis  of  clemency.   Should  he
provide statements from community leaders  and  acquaintances  attesting  to
his good character and reputation, and other evidence  of  successful  post-
service rehabilitation, we would be willing to reconsider  this  case  based
on the new evidence.  We cannot, however, recommend approval  based  on  the
current evidence of record.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the  Board  considered  Docket  Number     BC-2007-
00275 in Executive Session on 4 April 2007, under the provisions of AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Renee M. Collier, Member
      Ms. Judith B. Oliva, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00275 was considered:

    Exhibit A.  DD Form 149, dated 19 Nov 06, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
      Exhibit D.  Letter, AFPC/DPPRS, dated 7 Feb 07.
    Exhibit E.  Letter, SAF/MRBR, dated 16 Feb 07.




                                             THOMAS S. MARKIEWICZ
                                             Chair